A Casebook on Contract

Summary of Contents

PART ONE: THE FORMATION OF A CONTRACT
1. OFFER AND ACCEPTANCE
1. Introduction
2. Offers and Invitations to Treat
3. Acceptance
4. Termination of an Offer
5. Problematic Offer and Acceptance
2. CERTAINTY AND INTENTION TO CREATE LEGAL RELATIONS
1. Certainty
2. Intention to Create Legal Relations
3. CONSIDERATION AND PROMISSORY ESTOPPEL
1. Consideration
2. Promissory Estoppel

PART TWO: THE TERMS OF A CONTRACT
4. IDENTIFYING THE TERMS
1. Terms or Mere Representations?
2. Incorporation of a Party's Written Terms
3. Implied Terms
5. INTERPRETING THE TERMS
1. The Modern Approach to Construction
2. Construction of Exemption Clauses
6. STATUTORY CONTROL OF EXEMPTION CLAUSES AND UNFAIR TERMS
1. The Unfair Contract Terms Act 1977
2. The Consumer Rights Act 2015 (Part 2 Etc)

PART THREE: REMEDIES FOR BREACH OF CONTRACT
7. TERMINATION
1. The Meaning of Termination for Breach
2. Conditions, Warranties and Innominate Terms
3. Termination Clauses
4. Anticipatory Breach
5. Restitution after Termination for Breach
6. Consumer Contracts for Goods (or Digital Content)
8. DAMAGES
1. Compensatory Damages
2. An Account of Profits
3. Negotiating Damages
4. Agreed/Liquidated Damages and Penalties
9. DIRECT ENFORCEMENT
1. The Award of an Agreed Sum
2. Specific Performance
3. Injunctions

PART FOUR: PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS
10. PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS
1. Introduction
2. Four Cases Establishing or Confirming the Privity Doctrine (on its Benefit Side)
3. Exceptions to Privity (on its Benefit Side)
4. The Promisee's Remedies in a Contract Made for the Benefit of a Third Party
5. The Contracts (Rights of Third Parties) Act 1999
6. Exceptions to the Privity Doctrine on its Burden Side

PART FIVE: FACTORS ALLOWING ESCAPE FROM A CONTRACT
11. MISREPRESENTATION
1. Requirements of Misrepresentation
2. Rescission for Misrepresentation
3. Damages for Misrepresentation
4. Exemption of Liability for Misrepresentation: Misrepresentation Act 1967, Section 3
12. MISTAKE
1. Unilateral Mistake
2. Common Mistake
13. FRUSTRATION
1. The Early Approach of Absolute Liability
2. The Kinds of Events that Amount to Frustration
3. Factors Excluding Frustration
4. The Juristic Basis of Frustration
5. The Effects of Frustration
6. The Relationship Between Common Mistake and Frustration
14. DURESS
1. Duress of the Person
2. Economic Duress
15. UNDUE INFLUENCE AND EXPLOITATION OF WEAKNESS
1. Undue Influence
2. Exploitation of Weakness